The Court of Appeals, in a full-fledged opinion by Judge Rivera, determined that a youthful offender (YO) adjudication can be considered in assessing the risk level of a sex offender under the Sex Offender Registration Act (SORA). Defendant contested the level three sex offender designation. The Court of Appeals held that consideration of the YO […]
The Court of Appeals, over a concurrence and a concurrence/dissent, in a memorandum addressing two cases (McCain and Edward), determined the misdemeanor complaints were sufficient to support the charge of possessing a “dangerous knife:” The factual allegations of a misdemeanor complaint must establish “reasonable cause” to believe that a defendant committed the charged offense … […]
The Court of Appeals, in a full-fledged opinion by Judge DiFiore, reversing the appellate division, clarified the standards to be applied to a defendant’s discovery request for Facebook posts in a personal injury case. Plaintiff was injured falling from defendant’s horse and alleged her cognitive and physical abilities were diminished significantly by her injuries. Plaintiff […]
The Fourth Department determined the regulation which allows the commissioner of motor vehicles to impose a lifetime driver’s license revocation for persons with multiple driving while intoxicated convictions was not unconstitutionally vague: … [T]he regulation does not give respondent “unfettered discretion” to deny an application. Section 136.5 formalized the manner in which the Commissioner would […]
The Fourth Department, over a dissent, determined summary judgment was properly granted to defendant in this breach of a partnership agreement action. Defendant demonstrated no partnership had been formed: “A partnership is an association of two or more persons to carry on as co-owners a business for profit” (Partnership Law § 10 [1]). Where, as […]
The Fourth Department, reversing Supreme Court, determined plaintiff’s motion for summary judgment in this rear-end collision case should not have been granted. Defendant raised a question of fact whether the cause of the accident was plaintiff’s sudden lane change. The fact that defendant pled guilty to a traffic violation, following too closely, would constitute negligence […]
The Fourth Department, modifying Supreme Court, over a dissent, determined conclusory allegations that the landlord (Miranda) was an owner of the business (Molly’s Pub)) in which plaintiff’s decedent was injured were insufficient to survive a motion to dismiss in this wrongful death action: We agree with Miranda … that the court erred in denying his […]
The Fourth Department, reversing Supreme Court, determined the motion for leave to file a late notice of claim with respect to husband’s derivative claim stemming from wife’s injuries should have been granted. Because the county was deemed to have knowledge of the wife’s claim within 90 days, the county must also be deemed to have […]
The Fourth Department, over a substantive dissent, determined the evidence was sufficient to support the revocation of defendant sex offender’s strict and intensive supervision and treatment (SIST) status and the imposition of civil commitment (as a dangerous sex offender). The SIST violations related to cocaine use, not sexual misconduct. Evidence linked defendant’s cocaine use to […]
The Fourth Department, reversing Supreme Court, determined summary judgment on the breach of contract cause of action should not have been granted. The property owner (the church) in this parking lot slip and fall case alleged that the lessee (Stepping Stones) failed to procure the insurance required by the lease. That allegation was based on […]
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